beagenda

MINUTES

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WATERTOWN ZON= ING BOARD OF APPEALS

CONTINUATION OF PUBLIC HEARING

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WEDNESDA= Y, SEPTEMBER 28, 2006 - 7:30 P.M.

WATERTOWN HIGH SCHOOL TECHNOLOGY CENTER

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APPLICATION #825 – GARY AND = APRIL BENOIT

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PRESENT: &= nbsp; &nbs= p; &= nbsp; Roger Mitchell

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Phil Roger, Acting Secretary

&nbs= p; &= nbsp; &nbs= p; &= nbsp; Enrico Sarandrea, Chai= rman

ABSENT: &= nbsp; &nbs= p; &= nbsp; John Griffith, Vice Ch= airman

ALTERNATES PRESENT: = Gary Swingle

ALTERNATES ABSENT: &= nbsp; Chris Lafferty

OTHERS PRESENT: = ; &n= bsp; Moosa Rafey, Assistant Zoning Enforcement Officer

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1. = Call Meeting To Order

Mr. Sarandrea, Chairman, Called the Public Hearing to Order at 7:40 p.m.

2. &nb= sp; Roll Call

Mr. Roger, Acting Secretary, executed the Roll Call.

Mr. Sarandrea, Chairman, asked Mr. Swingle to sit in for Mr. Griffith, in his absence.

Mr. Sarandrea, Chairman, read aloud the Ground Rules for the record, as follows= :

1. = The applicant or his representative will make his formal presentati= on to the Board stating his specific hardship and precisely why this merits a variance from the Zoning Regulations of the Town of <= st1:place w:st=3D"on">Watertown.

2. = All comments, discussions, and observations shall be made through t= he Chair after proper recognition by the Chairman. This is necessary to ensure that o= nly one person at a time speaks on any issue, thus making it easier for everyon= e to understand, and for clearer legal transcription.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #825 – GARY AND APRIL BENOIT

SEPTEMBE= R 28, 2006

Page 2

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3. = All persons addressing the Commission shall begin by first clearly stating their name and address for the record. If necessary, the person may be as= ked to spell his or her name for the record.

4. = Following the presentation of the application, the Zoning Board of Appeals will ask specific questions of the applicant.

5. = After the Board has asked its questions of the applicant, I shall t= hen allow members of the public who wishes to speak either in favor of this application or against it to address the Board.

6. = I shall then allow the applicant to respond to the comments of the members of the general public.

7. = I shall then allow any members of the general public who wish to present any additional information or clarifying discussion to do so.<= /o:p>

8. = I shall then provide an opportunity for the applicant to respond to these additional remarks if he or his representative so wishes.<= /span>

9. = The Zoning Board of Appeals has thirty-five (35) days from the date= the Public Hearing commences to complete the Public Hearing. The Board may ask the applicant fo= r a thirty-five (35) day extension of the Public Hearing period if the Commissi= on requires any additional information or wishes to schedule a site walk to observe the situation for themselves.

10. = The Zoning Board of Appeals has sixty-five (65) days from the date = when the Public Hearing is closed to render its decision. The Board may or may not make its decision tonight at its Regular Meeting following the Public Hearing.<= /o:p>

11. You may stay for the Regular Meeting if you wish or you may leave at the end of the Public Hearing and contact the Zoning Office the following morning to determine the status of = your Application.

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3. Hearing of Cases=

&= nbsp; A. Continuation of the Public Hearing from August 23, 2006 - Application #825 of Gary and A= pril Benoit for appeal of decision of the Watertown Zoning Enforcement Officer concerning a letter issued by the Zoning Enforcement Officer concerning 1400 Main Street, Watertown, CT in a B-G General Business Zoning District..=

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&= nbsp; Recess or Adjourn, the Public Hearing must be Closed by= September 28, 2006.

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #825 – GARY AND APRIL BENOIT

SEPTEMBE= R 28, 2006

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Mr. Rafey:<= span style=3D'font-size:12.0pt;mso-bidi-font-size:10.0pt'> This issue was settled in court, a= nd there is no reason for this Board to take any action. They submitted a letter which I in= cluded in your packet.

Mr. Roger, Acting Secr= etary, read aloud the following letter for the record:

"William J. Moore, Attorney at Law

180 Church Street

Naugatuck, CT 06770=

September 1, 2006=

Moosa Rafey=

Zoning Board of Appeal= s

Town of Watertown

Dear Mr. Rafey:

As you know this office represents Gary Benoit, d/b/a Main Street Auto, 1388 Main Street, Watertown, CT. Please be advised that Gary and Ap= ril Benoit hereby withdraw application #825 for appeal of the Z.E.O. decision concerning a letter issued by the Z.E.O. concerning 1400 Main Street Watertown<= /st1:City>, CT. Parties have reached an agreement = and the automobiles will be removed from 1400 Main Street (inaudible) of the agreement betwe= en the parties. If you have any questions, please do not hesitate to contact me.

Sincerely,<= /span>

William J. Ward"<= o:p>

Mr. Rafey: The property line has= been established now and the (inaudible) removed from 1400 Main Street and there is no pr= oblem there.

MOTION: &= nbsp; (Mr. Roger, sec. Mr. Mitchell) to Close the Public Hearing for Application #825 = of Gary and April Benoit for appeal of decision of the Watertown Zoning Enforcement Officer concerning a letter issued by the Zoning Enforcement Officer concerning 1400 Ma= in Street, Watertown, CT in a B-G General Business Zoning District..

Discussion: None<= o:p>

MOTION PASSED UNANIMOU= SLY

WATERTOWN ZONING BOARD OF APPEALS

CONTINUA= TION OF PUBLIC HEARING

APPLICAT= ION #825 – GARY AND APRIL BENOIT

SEPTEMBE= R 28, 2006

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Public Hearing Closed at about 7:40 p.m. (no time given).

Respect= fully submitted,

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Enrico Sarandrea, Chairman

Zoning = Board of Appeals

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&nbs= p; Lynn M. LaForme, Minutes Secretary